31/08/2023

Provisional measures in investment treaty disputes: enforceability and possible reforms

Jonathon Redwood SC* has written an article with Boxun Yin of Banco Chambers in the eighth edition of The Investment Treaty Arbitration Review.

The article discusses how critical provisional measures can be in protecting the rights of a party during an investment treaty dispute.

The significant increase in requests for provisional measures is considered and the question of practical function and enforceability of these measures is put under the spotlight.

Jonathon comments: “This was an interesting article to pair with a very talented junior arbitration barrister, Boxun Yin. We have both been recently involved in interesting issues concerning appropriate provisional measures in investment treaty arbitrations. The issues that we have dealt with highlighted to us that this is an aspect of investment treaty law that is unclear and in need of further clarification and reform. We hope that the overview we have provided is useful to practitioners in understanding some of the difficult issues that arise and may call for reform.”

Read the article.**

*Jonathon Redwood SC is a barrister at Banco Chambers (Australia) and Twenty Essex (UK/Singapore).

**The full article was first published in the eighth edition of The Investment Treaty Arbitration Review via The Law Reviews and is included here in its entirety with the publisher’s permission.